Municipal – Malicious prosecution – Probable cause

Where the plaintiffs, three former commissioners of the North Attleborough Electric Department (NAED), were criminally prosecuted for their alleged misuse of certain municipal bond funds and have since filed a complaint charging the defendants — the town, the NAED and various town officials — with (1) violations of 42 U.S.C. §1983 and G.L.c. 12, §11I, (2) malicious prosecution and (3) reckless or intentional infliction of emotional distress, the defendants’ motion for summary judgment must be granted because probable cause existed to institute criminal proceedings.